Legal Question in Business Law in Idaho

contract with literary agent

I signed a contract with a literary agent(she to sell a manuscript of mine that she'd read).After receiving copies of my manuscript, she stopped communicating with me. She has refused to answer any and all attempts to reach her. No money changed hands between us. The contract says either party can end our agreement by notifying the other of this intent. She has not done so. I am ready to do so, but my concerns are these: Is it possible that she sold my manuscript and kept the money, thinking that I am in Hawaii and she is in Idaho and there is little I can do about it? If not, I want my copies of the manuscript back and a list of the publishers it was sent to. In the meantime, she refuses to answer . . .what can I do?


Asked on 11/19/02, 2:14 pm

2 Answers from Attorneys
Gass Timothy Gass Law Office

Re: contract with literary agent

Generally contracts give their own kind of remedies, so I am assuming that you are asking about remedies in addition to those that might be given you in your contract.

1. You can sue in federal district court in your home state and at the very least try to get her to come their to file for a change of venue.

2. You can sue her in Idaho District Court for fraud, misrepresentation, and other claims but you will have to come to Idaho to pursue any motions or trial.

3. Contact the Better Business Bureau and file a complaint against her. This won't help you recover anything tho'.

4. You can sue her under the Idaho Consumer Protection Act but first contact the Id Attorney General's office to file a complaint first. If they decide the case is of general public interest, they may take care of the case for you for free.

These are all of the remedies I can think of without reading your contract and speaking to you at length about the facts in your case.

You can call me at 208-345-3817, although I will charge you at my hourly fee for this. This advice thru LawGuru is however free. Good Luck!

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Answered on 11/19/02, 3:37 pm
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: contract with literary agent

The question of whether or not you may file a complaint here in Hawaii against an Idaho resident/corporation is not so easily answered. My inclination is that you can go ahead and file in any Hawaii court because of our ruthless and subjective "long arm statute" in Hawaii (meaning we can drag non-residents into our courts very easily and force them to stand and defend here in Hawaii) I have a few questions, however: Is the literary agent incorporated? Because foreign corporations doing business in Hawaii registered or not are subject to our state courts. How did you both sign the contract (i.e. via email, snail mail, in person, etc.) How were you targeted or how did you come about this particular literary agent? All these factors will determine if Hawaii will assert jurisdiction over the literary agent and Hawaii probably will. Please feel free to call me right here in Hawaii, for free, if you have any further questions 808-526-0892. Aloha, Jon A. Zahaby

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Answered on 11/19/02, 8:34 pm


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